Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

Last updated

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Emblem of India.svg
Parliament of India
  • An Act to control the advertisements of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
Citation Act No. 21 of 1954
Territorial extent India (along with Jammu and Kashmir)(After removal of Article 370 in 2019)
Commenced1 April 1955
Legislative history
Bill published on30 April 1954
Status: In force

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence. [1] [2]

Contents

Overview

The act defines "magic remedy" as any talisman, mantra, amulet or any other object which is claimed to have miraculous powers to cure, diagnose, prevent or mitigate a disease in humans or animal. It also includes such devices that are claimed to have power to influence structure or function of an organ in humans or animals. [1]

The law prohibits advertising of drugs and remedies for

The original included schedule contained a list of 54 diseases and conditions:

  1. Appendicitis
  2. Arteriosclerosis
  3. Blindness
  4. Blood poisoning
  5. Bright's disease
  6. Cancer
  7. Cataract
  8. Deafness
  9. Diabetes
  10. Diseases and Disorders of brain
  11. Diseases and Disorders of the optical system
  12. Diseases and Disorders of the uterus
  13. Disorders of menstrual flow
  14. Disorders of the nervous system
  15. Disorders of the prostatic gland
  16. Dropsy
  17. Epilepsy
  18. Female diseases (in general)
  19. Fevers (in general)
  20. Fits
  21. Form and structure of the female bust
  22. Gall stones, kidney stones and bladder stones
  23. Gangrene
  24. Glaucoma
  25. Goitre
  26. Heart diseases
  27. High/low blood pressure
  28. Hydrocele
  29. Hysteria
  30. Infantile paralysis
  31. Insanity
  32. Leprosy
  33. Leucoderma
  34. Lockjaw
  35. Locomotor ataxia
  36. Lupus
  37. Nervous debility
  38. Obesity
  39. Paralysis
  40. Plague
  41. Pleurisy
  42. Pneumonia
  43. Rheumatism
  44. Ruptures
  45. Sexual impotence
  46. Smallpox
  47. Stature of persons
  48. Sterility in women
  49. Trachoma
  50. Tuberculosis
  51. Tumours
  52. Typhoid fever
  53. Ulcers of the gastro-intestinal tract
  54. Venereal diseases, including syphilis, gonorrhoea, soft chancre, venereal granuloma and lympho granuloma.

The act stated that the schedule may be changed later to include more diseases for which there are no accepted remedies or for which timely consultation with a registered medical practitioner (as defined under Indian Medical Degrees Act, 1916 or Indian Medical Councils Act, 1956; includes other state laws too) is required. The act stated that these changes must made it consultation with the Drugs Technical Advisory Board, and Ayurveda and Unani practitioners, if deemed as necessary by the Central government. [1]

The penalty carries a maximum sentence of 6 months imprisonment with or without fine on first conviction. In case of any subsequent conviction, the term may be up to a year. If the convicted party is a company, all members of the company will be deemed guilty. [1]

Criticism and future amendments

The law is rarely enforced and several such products are freely available to the public. [3] The law is considered severely outdated as 14 of the diseases in the list are now curable, and newer diseases like AIDS are not on the list. [4] Some advertisements of these categories are also known to appear on cable television channels without much repercussions. [5] Proposed amendments to this law has also raised questions regarding the status of traditional medicine systems like Yoga and Ayurveda with respect to modern medicine. [6]

See also

Related Research Articles

<span class="mw-page-title-main">Medication</span> Substance used to diagnose, cure, treat, or prevent disease

A medication is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy (pharmacotherapy) is an important part of the medical field and relies on the science of pharmacology for continual advancement and on pharmacy for appropriate management.

<span class="mw-page-title-main">Quackery</span> Promotion of fraudulent or ignorant medical practices

Quackery, often synonymous with health fraud, is the promotion of fraudulent or ignorant medical practices. A quack is a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, knowledge, qualification or credentials they do not possess; a charlatan or snake oil salesman". The term quack is a clipped form of the archaic term quacksalver, from Dutch: kwakzalver a "hawker of salve". In the Middle Ages the term quack meant "shouting". The quacksalvers sold their wares on the market shouting in a loud voice.

<span class="mw-page-title-main">Ayurveda</span> Alternative medicine with roots in India

Ayurveda is an alternative medicine system with historical roots in the Indian subcontinent. The theory and practice of Ayurveda is pseudoscientific. Ayurveda is heavily practiced in India and Nepal, where around 80% of the population report using it.

<span class="mw-page-title-main">Patent medicine</span> Medicine sold regardless of effectiveness

A patent medicine, sometimes called a proprietary medicine, is an over-the-counter (nonprescription) medicine or medicinal preparation that is typically protected and advertised by a trademark and trade name and claimed to be effective against minor disorders and symptoms. Its contents are typically incompletely disclosed. Antiseptics, analgesics, some sedatives, laxatives, and antacids, cold and cough medicines, and various skin preparations are included in the group. The safety and effectiveness of patent medicines and their sale is controlled and regulated by the Food and Drug Administration in the United States and corresponding authorities in other countries.

<span class="mw-page-title-main">Allopathic medicine</span> Term for science-based, modern medicine

Allopathic medicine, or allopathy, is an archaic term used to define science-based modern medicine. There are regional variations in usage of the term. In the United States, the term is used to contrast with osteopathic medicine, especially in the field of medical education. In India, the term is used to distinguish modern medicine from Ayurveda, homeopathy, and other similar alternative/traditional medicine, especially when comparing treatments and drugs.

<span class="mw-page-title-main">Traditional medicine</span> Formalized folk medicine

Traditional medicine comprises medical aspects of traditional knowledge that developed over generations within the folk beliefs of various societies, including indigenous peoples, before the era of modern medicine. The World Health Organization (WHO) defines traditional medicine as "the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness". Traditional medicine is often contrasted with scientific medicine.

<span class="mw-page-title-main">Urine therapy</span> Various applications of human urine for medicinal or cosmetic purposes

Urine therapy or urotherapy, in alternative medicine is the application of human urine for medicinal or cosmetic purposes, including drinking of one's own urine and massaging one's skin, or gums, with one's own urine. Drinking or local application of human or animal urine for medicinal purposes has been practiced all over the world for millennia. It is well known as a pseudoscience.

<span class="mw-page-title-main">History of alternative medicine</span>

The history of alternative medicine refers to the history of a group of diverse medical practices that were collectively promoted as "alternative medicine" beginning in the 1970s, to the collection of individual histories of members of that group, or to the history of western medical practices that were labeled "irregular practices" by the western medical establishment. It includes the histories of complementary medicine and of integrative medicine. "Alternative medicine" is a loosely defined and very diverse set of products, practices, and theories that are perceived by its users to have the healing effects of medicine, but do not originate from evidence gathered using the scientific method, are not part of biomedicine, or are contradicted by scientific evidence or established science. "Biomedicine" is that part of medical science that applies principles of anatomy, physics, chemistry, biology, physiology, and other natural sciences to clinical practice, using scientific methods to establish the effectiveness of that practice.

<span class="mw-page-title-main">Unani medicine</span> Traditional medicine from the Mughal empire

Unani or Yunani medicine is Perso-Arabic traditional medicine as practiced in Muslim culture in South Asia and modern day Central Asia. Unani medicine is pseudoscientific. The Indian Medical Association describes Unani practitioners who claim to practice medicine as quacks.

<i>Dosha</i> Ayurvedic medicine concept

Dosha is a central term in Ayurveda originating from Sanskrit, which can be translated as "that which can cause problems", and which refers to three categories or types of substances that are believed to be present in a person's body and mind. Beginning with twentieth-century Ayurvedic literature, the "three-dosha theory" has described how the quantities and qualities of three fundamental types of substances called wind, bile, and phlegm fluctuate in the body according to the seasons, time of day, process of digestion, and several other factors and thereby determine changing conditions of growth, aging, health, and disease.

<span class="mw-page-title-main">Siddha medicine</span> System of traditional medicine originating in South India

Siddha medicine is a traditional medicine originating in Southern India. It is one of the oldest systems of medicine in India.

<span class="mw-page-title-main">Ministry of Health and Family Welfare</span> Cabinet ministry of Government of India

The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India.

The following outline is provided as an overview of and topical guide to medicine:

<span class="mw-page-title-main">Regulation and prevalence of homeopathy</span> Alternative medicine

Homeopathy is fairly common in some countries while being uncommon in others. In some countries, there are no specific legal regulations concerning the use of homeopathy, while in others, licenses or degrees in conventional medicine from accredited universities are required.

The Ministry of Ayush, a ministry of the Government of India, is responsible for developing education, research and propagation of traditional medicine systems in India. Ayush is a name devised from the names of the alternative healthcare systems covered by the ministry: Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homeopathy.

<span class="mw-page-title-main">Drugs and Cosmetics Act, 1940</span> Act of the Parliament of India

The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards. The related Drugs and Cosmetics Rules, 1945 contains provisions for classification of drugs under given schedules and there are guidelines for the storage, sale, display and prescription of each schedule.

Online pharmacy laws in India are still in nascent stage and there are no dedicated online pharmacy laws in India. The Information Technology Act 2000 governs some of the legal issues pertaining to online dealings but it is silent on the aspect of online pharmacy. As a result, illegal online pharmacies have been increasing in India. It has been said that, if properly regulated, online pharmacies in India could prove beneficial to various stakeholders.

The Schedule J of the Drugs and Cosmetics Rules, 1945 of India contains a list of diseases and ailments which a drug may not claim to prevent or cure. Under Rule 106 of the Drugs and Cosmetics Act, 1940, a drug cannot make claims to treat or prevent any of the diseases or reform the conditions listed.

The Drugs and Cosmetics Rules, 1940 are the rules which the government of India established through the Drugs and Cosmetics Act, 1940. These rules classify drugs under given schedules and present guidelines for the storage, sale, display and prescription of each schedule.

Cannabis in Sri Lanka is legally sold through Ayurveda herbal shops, and can be used for medical and scientific purposes if given a license by the Ministry of Health.

References

  1. 1 2 3 4 5 "The Drugs and Magic Remedies" (PDF). Air Cargo Complex, Mumbai Customs. Retrieved 26 December 2014.
  2. Dr. Lily Srivastava (2010). Law & Medicine. Universal Law Publishing. p. 258. ISBN   978-81-7534-949-0 . Retrieved 4 March 2014.
  3. "Magic drugs firms target India in expansion drive". Live Mint . 11 March 2008. Retrieved 13 September 2013.
  4. "Has Ayurveda lost its credibility?". News18 . 20 December 2006. Retrieved 24 June 2020.
  5. "Misleading advertisements come under government scanner". The Economic Times . 18 November 2011. Retrieved 13 September 2013.
  6. "Is yoga a wonder drug?". IBN Live . 21 December 2006. Archived from the original on 21 September 2013. Retrieved 13 September 2013.